245. In view of articles 5, 7 and 8 of the Convention, members of the Committee wished to know whether Chilean courts were competent to hear cases of torture committed by foreigners abroad who were arrested on Chilean soil. It was also asked what the position was of the Chilean Government with regard to mutual jUdicial assistance. 246. With regard to article 10 of the Convention, members of the Committee sought information concerning the training of the military, medical personnel, and officials in the judiciary and in penitentiaries. 247. With reference to article 11 of the Convention, members of the Committee wished to know for what reasons persons could be held in incommunicado detention for a period up to 10 days and whether further measures had been taken since the submission of Chile's initial report in 1989 to ensure implementation of this article. 248. With reference to article 14 of the Convention, members of the Committee wished to know whether victims of torture had been compensated and. if so, under what conditions. 249. Turning to article 15 of the Convention, members of the Committee wished to receive information with regard to the admissibility as evidence in legal proceedings of statements which had been obtained through torture or other forms of coercion. 250. In his reply, the representative of Chile pointed out that the situation with regard to the implementation of the Convention was much the same as described in the initial report submitted in 1989 by the previous Government (CAT/C/7/Add.2), although the political conditions were nOw very different. He explained that laws which had been passed before the military coup of September 1973 had been ignored or distorted, but not repealed by the military dictatorship. Laws passed during' the period of military dictatorship were still in force and were nOw being changed by decisions of Parliament. The additional report now under consideration focused On legislation adopted since the accession of the new Government in March 1990. With regard to the status of the Convention under Chilean law. the representative stated that the Convention had the full force of domestic law; in case of a conflict between domestic law and the Convention, it was the Convention which prevailed. 251. Replying to questions concerning the organization of the judiciary and of the investigative authorities, the representative said that a bill was being prepared for submission to Congress with the aim of ensuring a trUly independent judiciary. The jurisdiction and composition of the military courts were also under review. It was noted. however, that progress in this field was hindered by the fact that the majority of members of the Constitutional Court were still identified with the previous regime. The representative informed the members of the Committee of the creation of the office of ombudsman, which would have prime responsibility for the processing of torture cases. With regard to the organization of the police. the representative said that a decision had been taken to revert to the traditional system, under which the carabineros and the criminal investigation department now under the responsibility of the Ministry of Defence would come under the responsibility of the Ministry of the Interior. -46-